Rental lease If we buy a two family house and the apartment is rented and that…

Rental lease
If we buy a two family house and the apartment is rented and that tenant had signed a lease for two years with the previous owner and we want the tenant to move when we become the owners of the house the tenant is living in will the tenant have the right to not move and stick to the lease he signed with the previous owner of the house? I think the lease is no longer binding with us as the new owners. Am I right? A family member wants to live in the apartment the tenant is now in. Thank you

3 thoughts on “Rental lease If we buy a two family house and the apartment is rented and that…

  1. Re: Rental lease
    A “lease” is a legal “interest” in real property. Therefore, it “runs with the land” rather than with the individual owner of the land. Therefore, when a new owner purchases the land, the new owner’s rights are subject the rights of others who have interests in the land.

    Thus, if the owner had given an “easement” for someone to use, say, a path on the property to go to a beach, then the new owner would purchase the property subject to the rights of the owner of the easement. The same principle holds true for leases.

    – Kenneth J. Ashman;

    The information provided by Ashman Law Offices, LLC (“ALO”) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

    Kenneth J. Ashman
    Ashman Law Offices, LLC
    55 West Monroe Street, Suite 2650
    Chicago, IL 60603

  2. Re: Rental lease
    Your purchase is subject to the lease. If you want the Tenant to move, you will have to buy him out.

    Arnold Nager
    Arnold H. Nager, Esquire
    79 Cliff Street
    Hastings On Hudson, NY 10706-2101

  3. Re: Rental lease
    I echo Attorney Nager’s reply.

    Seth Kaufman
    Seth M. Kaufman
    61 Broadway, Suite 2125
    New York, NY 10006

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